When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away.
If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix may effectively result in no fix. Shouldn’t those decisions be reviewable immediately?
The answer is usually that one has to wait to pursue an appeal. The recent Allen v. VeraBank, N.A., No. 01-24-00002-CV (Tex. App.—Houston [1st Dist.] Oct. 14, 2024) provides examples of probate court orders that cannot be appealed until the administration is complete.
Facts & Procedural History
During the administration of the father’s estate, the court-appointed dependent administrator (a bank) filed an amended inventory and sought permission to sell estate personal property.
The surviving spouse disagreed with both actions and attempted to appeal two orders: the court’s approval of the amended inventory and its order authorizing the sale of personal property.
The bank moved to dismiss the appeals, arguing that neither order was appealable. The question before the appeals court was whether the surviving spouse could appeal these interim probate orders.
General Rules for Appeals in Texas
Normally, parties can only appeal final judgments in probate litigation that dispose of all issues and parties in a case. This is the general rule and it is referred to as the “final judgment rule.”
However, probate cases are different because they often involve multiple phases and discrete issues that arise during the administration of an estate. This is the nature of a probate administration. The administration takes quite some time, usually a year or more. This creates an exception to the final judgment rule, allowing appeals of certain probate orders even when the entire administration isn’t complete.
So which probate court orders are immediately appealable and which are not? There are rules for that too.
The Test for Appealable Probate Orders
Texas courts use a two-part test to determine whether a probate order can be appealed.
First, the courts are to look for any statute that specifically declares that type of order to be final and appealable. If there is such a statute, then the probate order can be appealed immediately.
Second, if there isn’t such a statute, the courts are then to consider whether the order disposed of all issues in a particular phase of the probate proceeding. Orders that merely “set the stage” for further proceedings generally cannot be appealed immediately.
It is helpful to consider examples of these rules. The Allen court case addresses two orders that parties to the probate administration often want to appeal sooner rather than later.
Why Inventory Orders Aren’t Appealable
The dispute in Allen involved the court’s order approving the inventory that the administrator filed.
The appeals court in Allen explained why an order approving an inventory isn’t immediately appealable. The appeals court noted that by statute, inventories can be amended or supplemented throughout the administration. This means an inventory approval doesn’t finally resolve anything—it just establishes a starting point for identifying estate assets. The appeals court likened this to “setting the stage” rather than concluding a distinct phase of the probate.
Special Rules for Property Sale Orders
The court also addressed the order authorizing the sale of personal property.
The Texas Estates Code has a comprehensive scheme for property sales. It specifically says when such orders become final and appealable. Under Section 356.556, only the court’s approval or disapproval of the report of sale (filed after the sale occurs) has “the effect of a final judgment.” The appeals court noted that an order merely authorizing a sale to proceed isn’t appealable because it’s just one step in the larger sale process. So the mother, the contestant in this case, has to wait for the court order approving the sale of the property and can then appeal that order.
Takeaway
The Allen case shows that the probate court’s orders often do not create an immediate right to appeal. Unless a statute specifically makes an order appealable or the order truly concludes a discrete phase of the probate, parties must wait until the conclusion of the administration to challenge these interim decisions. While not addressed in the court opinion, even though this may seem frustrating, the thought (or hope?) is that this promotes efficient estate administration by preventing piecemeal appeals of routine probate matters.
Our Dallas Probate Attorneys provide a full range of probate services to our clients, including helping with appealing probate court orders. Probate is what we do. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process.We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.
Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
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